HomeMy WebLinkAbout3.0 Resolution 2004-011 11 1111 11111 1111111 111 1111111 11111 111 11 111 11111 1111 1111
662293 10/25/2004 10 57A 61633 P802 M ALSDORF
1 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO
RESOLUTION NO. oZ 00 y — 01
Series of 2004
A RESOLUTION. OF THE BOARD OF ADJUSTMENT OF GARFIELD
COUNTY, COLORADO, AFFIRMING THE INTERPRETATION OFA
SPECIAL USE PERMIT EMBODIED IN RESOLUTION NO. 92-078 OF THE
BOARD OF COUNTY COMMISSIONERS, AND DEALING WITH
PROPERTY LOCATED AT 0600 C.R. 113, IN THE SOUTHWEST QUARTER
OF SECTION 7, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M.,
GARFIELD COUNTY; COLORADO.
WHEREAS, on August 18, 1992, the Board of County Commissioners. of Garfield
County, Colorado, granted a special use permit to Paul Pine and Pamela Pine to permit the
processing, storage and material handling of natural resources upon that tract of land, subject to
the conditions set out in said special use permit; and
WHEREAS, by letter dated June 23, 2004, the owners of the property received an
interpretation of the special use permit from Mark L. Bean, Director of the Building and
Planning Department of Garfield County, Colorado; and
WHEREAS, that interpretation determined that the special use permit provided an
absolute limit of ten trucks per day, including picicup trucks, delivering materials to or picking up
materials from the Applicants' stone yard; and - - —
WHEREAS, Garfield County is a legal and political subdivision of the State of Colorado
for which the Board of County Commissioners is authorized to act; and
WHEREAS, pursuant to law, the Board of County Commissioners of Garfield County,
Colorado, has appointed the Garfield County Board of Adjustment, and vested the Board of
Adjustment with the power and duty to determine appeals from such administrative decisions;
and
WHEREAS, the Applicants filed a timely appeal of this decision to the Board of
Adjustment by letter dated June 30, 2004; and
WHEREAS, the Garfield County Board of Adjustment conducted a hearing on August
23, 2004, upon the -question of whether or not the interpretation of the special use permit by the
Planning Director was correct; and
WHEREAS, Article III of the Bylaws of the Garfield County Board of Adjustment
require that the "concurring vote of four members of the Board shall be necessary to decide in
favor of the appellant"; and
WHEREAS, after full deliberation and consideration of the extensive evidence and
n
1111111 III 111111111111 IIIII III 1111111111111
662293 10/25/2004 10 57A 81633 P803 M RLSDORF
2 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO
testimony presented, the Garfield County Board of Adjustment affirmed the decision of the
Planning Director by a vote of three (3) to one (1), and therefore by operation of law, the appeal
was therefore denied.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF
GARFIELD COUNTY, COLORADO:
Section 1. Findings of Fact.
The Board of Adjustment makes the following findings of fact:
1. The notice of appeal from the decision of the Planning Director was initiated on
June 30, 2004 by Loyal E. Leavenworth, Leavenworth & Karp, P.C., on behalf of the Applicants,
Pine's Stone Company, Inc. and 3p Properties, LLC. This appeal was timely filed regarding an
interpretation of a Special Use Permit for property located at 0600 County Road 113, pursuant to
a Special Use Permit granted by the Board of County Commissioners of Garfield County,
Colorado on August 18, 1992 in Resolution No. 92-078.
2. No specific notice of the hearing on this appeal was required by the Garfield
County Zoning Code. Nonetheless, the meeting was attended by several interested neighbors
and citizens.
a. The Applicants were represented by Loyal E. Leavenworth, Esq.
b. The Planning staff was represented by Carolyn Dahlgren, the Assistant County Attorney
c. Stephen L. Carter, Esq., was appointed by the Board of County Commissioners to advise
the Board of Adjustment.
d. Calvin Lee, Esq. appeared to present evidence and testimony on behalf of nearby
property owners.
3. The meeting before the Board of Adjustment was extensive and complete, all
pertinentfacts, matters and issues were submitted to and considered by the Board of Adjustment.
All interested parties were afforded an opportunity to be heard at the meeting.
4. The concurring vote of four members of the Board is necessary to decide in favor
of the Appellant A quorum of four members was present at the meeting.
5. By a vote of three (3) to one (1), the Board found that the interpretation of the
Special Use Peuuit embodied in the decision and letter issued by Mark Bean, Director of the
Building and Planning Department, dated June 23, 2004, was accurate.
Section 2. Appeal Denied.
The Board of Adjustment therefore affirms the decision of the Planning Director, and
denies this appeal.
Pine's Stone Special Use Permit Resolution 2 August 23, 2004
11111 11111 1111111 111 111111 11111 11111 III 1111111111111
662293 10/25/2004 10 57R 61633 P804 M RLSDORF
3 of 3 R 0..00 D 0.00 GARFIELD COUNTY CO
INTRODUCED, READ AND ADOPTED . by the Board of Adjustment of Garfield
County, Colorado on August 23, 2004.
ATTEST:
By:
Secretary to Board Odjustment Chairp•rson
BOARD OF ADJUSTMENT
STATE OF COLORADO )
COUNTY OF GARFIELD )
ss.
I, the undersigned duly appointed and acting Secretary to the Board of
Adjustment do certify that the foregoing is a true and accurate copy of the certain Resolution
adopted by the Board of Adjustment of Garfield County, Colorado; at a meeting held on August
23, 2004.
Pine's Stone Special Use Pettit Resolution - 3 - August 23, 2004